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Elaine Maheras v. Jean Vlachos and Penn Mutual Life Insurance Company

October 24, 2012

ELAINE MAHERAS, PLAINTIFF,
v.
JEAN VLACHOS AND PENN MUTUAL LIFE INSURANCE COMPANY,
DEFENDANTS.



The opinion of the court was delivered by: Hon. Harry D. Leinenweber

MEMORANDUM OPINION AND ORDER

Before the Court is Plaintiff Elaine Maheras' Motion for Summary Judgment. For the reasons stated herein, the Plaintiff's Motion is granted.

I. BACKGROUND

George Maheras ("Decedent") and Elaine Maheras ("Plaintiff") were the parties to a DuPage County divorce proceeding in which judgment was entered on October 15, 2004. During their marriage the couple adopted a son, who was born on September 16, 1993. The judgment of the divorce (the "Judgment") incorporated the terms of the Martial Settlement Agreement (the "Agreement") between the parties. Article V, titled, "Life Insurance" provides:

HUSBAND, at his sole expense, shall obtain and maintain in full force and effect life insurance on his life having an unencumbered death benefit in the amount of $400,000. HUSBAND shall immediately execute and deliver all documents necessary to designate WIFE as the Trustee to receive such death benefit for the benefit of the minor child of the parties. Said insurance and the beneficiary designation required hereby shall be maintained by HUSBAND until all obligations on his part to contribute to child support, higher educational expenses and maintenance for the child of the parties have terminated. HUSBAND shall accomplish the following:

A. Deposit copies of the life insurance policies with WIFE.

B. Pay all premiums when they become due.

C. Provide evidence each year that all premiums have been paid upon the request of WIFE.

D. Not borrow against those policies in the future.

E. Renew all policies when required, so as to keep them fully effective.

F. Do all other acts and execute all documents needed to keep the policies in full force and effect and to accomplish all matters set forth above.

. . . . 3. In the event the designated beneficiaries fail to receive the full amount of insurance proceeds required by this Article, the child or their representatives shall, in additional to all other appropriate remedies, have a valid and subsisting claim against the estate of HUSBAND or WIFE in the amount of the deficiency of said proceeds.

4. In the event the designated beneficiaries receive the full amount of insurance proceeds required by this Article, the child or their representatives waive all further claims against their deceased parent's estate for support.

Def.'s Am. Answer, Ex. A at 15-16.

At the time of the entry of the Judgment, Decedent had multiple life insurance policies, one of which, the Penn Mutual Life Insurance Company Policy No. 8157849, (the "Penn Mutual Policy") is the subject of this litigation. The Penn Mutual Policy carried a $100,000 death benefit.

After the divorce, Decedent married Jean Vlachos ("Defendant"), who is apparently now known as Fay Vlachos. In September 2006, Decedent changed the beneficiary designation on the Penn Mutual Policy to Defendant, in violation of the orders of October 2004 ...


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